carrying and on conducting the search of the bag, 100 grams of heroin was recovered from the possession of the applicant. After the completion of the investigation, final report in terms of section 173 Cr. P. C. was presented before the court of Learned Sessions Judge, Jammu, that was subsequently transferred to the court of Learned Additional Sessions Judge, Jammu. It is further stated that vide order dated 27.12.2019, the trial court framed the charges against the applicant and the prosecution was directed to lead evidence. Only one witness, namely, Shah Jahan has been examined by the prosecution on 17.01.2020. Thereafter the case was fixed for 04.02.2020, 25.02.2020 and 20.03.2020 but no witness was examined by the prosecution and thereafter due to COVID-19 pandemic, no evidence has been recorded by the trial court. Faced with such a situation, the applicant filed an application before the trial court for grant of bail on the ground that the quantity of the contraband recovered from the applicant falls within the category of intermediate quantity and rigors of section 37 of the NDPS Act are not applicable but the said application could not be decided by the trial court and during the lockdown, the wife of the applicant on behalf of the husband had again moved an application before the trial court through her counsel through virtual mode and the trial court vide order dated 16.05.2020 dismissed the said application. Hence the present bail application.
